Terms of Service

If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity. You may not use the Service if you are barred from doing so under applicable law.

We may update these Terms from time to time as described in section 15. Your continued use of the Service after updated Terms take effect constitutes acceptance of them.

Holiday Boost connects to your e-commerce store (such as a Shopify store) and, for the holidays and products you select, automatically:

• generates holiday-themed variations of your existing product images using third-party artificial-intelligence image models;
• makes those variations available for your review during a preview window before the holiday (see section 4);
• publishes the approved variations to your storefront ahead of the holiday; and
• after the holiday, removes the variation and restores your existing original image as the featured image.

The Service is a tool that automates image styling and scheduling. It does not provide legal, marketing, or professional advice, and we do not guarantee any commercial outcome (including sales, conversion, or traffic) from using it.

You must operate a valid store on a supported platform and must provide accurate, current information when connecting it. You are responsible for maintaining the security of your store credentials and platform account, and for all activity that occurs under your connection to the Service. Notify us promptly at support@holidayboost.app if you suspect unauthorized use.

Images produced by the Service are generated by third-party artificial-intelligence models (for example, image-generation services operated by Google). AI-generated images are created by automated systems without human review by us. They may contain errors, artifacts, distortions, inaccurate depictions of your product, misspelled or unintended text, or elements that are misleading, inappropriate, or unlawful in your jurisdiction. We do not review, endorse, or verify any generated image.

You acknowledge that generative AI systems may produce similar or identical outputs for other users, that AI-generated images may not be eligible for copyright protection in some jurisdictions, and that we make no representation that any generated image is accurate, non-infringing, or fit for any particular purpose. Generated images may contain an invisible, provider-applied provenance watermark (such as Google’s SynthID); it does not restrict your commercial use but cannot be removed. You assume all risks associated with your review, approval, publication, and use of generated images.

“Your Content” means the product images, product data, text, and other materials in your store that the Service accesses or processes. As between you and us, you retain all ownership of Your Content.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable (including to our third-party AI and hosting providers), and transferable license to host, store, reproduce, modify, adapt, create derivative works of, transmit, and display Your Content — in each case at your direction and on your behalf — as needed to operate, provide, secure, and improve the Service, including transmitting Your Content to the third-party AI providers that generate the image variations. This license ends when Your Content is deleted from the Service, except as needed to complete in-flight operations, restore published originals, comply with law, and for copies retained in routine backups for a limited period.

You also agree that we may identify you as a user of the Service and display your store name, logo, and before/after examples of generated images in our marketing materials, including after termination for materials created before it; you may opt out of future marketing use by emailing support@holidayboost.app. To the extent permitted by law, you waive moral-rights and attribution claims against us for these uses. We may also use aggregated, de-identified data derived from the Service for any lawful purpose.

Rights complaints. If we receive a notice, or reasonably believe, that any source image or generated image infringes or violates any third-party right, these Terms, or applicable law, we may — without liability and without refund — remove or revert the affected images from your storefront, pause or cancel affected boosts, suspend generation for affected products, or suspend your access to the Service. You must promptly notify us if you receive any claim that images used with the Service infringe a third party’s rights. We terminate the access of repeat infringers.

The Service publishes generated images to your storefront on a schedule you configure. It adds the holiday variation alongside your existing images and records which image was featured, so that after the holiday it can remove the variation and re-feature your original. The Service does not keep backup copies of your images — your originals remain in your store, and if you delete an original while a boost is live there may be nothing to restore. While the Service is designed never to overwrite your originals, you acknowledge that:

• publication and reversion depend on third-party platform APIs (such as Shopify’s), which may fail, be delayed, or change without notice;
• changes you or other apps make to products between publication and reversion may affect the result; and
• you are responsible for verifying the state of your storefront, particularly around go-live and reversion dates.

Scheduled generation, publication, and reversion times are best-effort targets, not guarantees; we offer no service-level agreement, and no credit, refund, or compensation is owed for a delayed, missed, or failed publication or reversion window. We recommend keeping independent backups of your product images. We are not liable for storefront changes caused by platform failures, conflicting apps, or modifications made outside the Service.

The Service is offered on a recurring monthly plan. The plan includes a monthly allowance of boosts and charges a per-boost overage fee for boosts published beyond the available allowance, at the price and allowance published on our pricing page or in the platform app listing at the time of purchase. A “boost” (also called a “promotion”) is one product receiving one holiday image variation for one holiday occurrence. Fees are billed through your platform’s billing system (for example, Shopify Billing) and are subject to that platform’s terms.

• When fees accrue. The monthly plan fee accrues at the start of each billing period. Publishing a boost to your storefront consumes one boost from that period’s available allowance (the monthly allowance plus any rolled-over boosts); once the available allowance is exhausted, each further boost published accrues the per-boost overage fee. Each image regeneration you request during the Preview Window counts as one additional boost. Excluding a product or stopping a boost before publication consumes no allowance and incurs no overage fee; stopping or reverting after publication does not remove charges already accrued.
• Allowances & rollover. The plan’s monthly allowance is granted at the start of each billing period. Unused allowance boosts roll over to later billing periods, up to a maximum bank of thirty (30) rolled-over boosts; boosts beyond that maximum are forfeited. If more boosts are published in a period than its available allowance, no boosts roll over from that period. Only allowance boosts roll over — overage boosts are charged per boost actually published and never roll over. Rolled-over boosts have no cash value, are not refundable or exchangeable, and expire immediately when your subscription is cancelled, expires, or otherwise ends.
• Usage caps. You can set a cap on the number of boosts; the cap limits new boosts but does not affect fees already accrued. Boosts published above your available allowance accrue overage fees whether or not a cap is set.
• No refunds. Except where required by law or by the platform’s billing policies, all fees are non-refundable, including for partial billing periods, unused or rolled-over allowances, or dissatisfaction with generated images.
• Price changes. We may change our plan price, allowance, rollover limits, or overage fees with reasonable advance notice; changes apply from your next billing cycle.
• Taxes. Fees are exclusive of taxes, which are your responsibility.

You agree not to, and not to attempt to:

• use the Service to create, publish, or promote imagery that is illegal, deceptive, infringing, defamatory, or harmful, or that violates advertising or consumer-protection laws;
• use the Service for products whose promotion is illegal or restricted in the markets you sell to;
• reverse engineer, decompile, scrape, or access non-public areas of the Service, or probe or disrupt its infrastructure;
• resell, sublicense, or provide the Service to third parties as a service bureau without our written consent;
• circumvent usage limits, caps, or billing, or misuse the Service in a way that imposes disproportionate load; or
• use the Service in violation of the acceptable-use terms of the underlying AI providers or your e-commerce platform — including Google’s Generative AI Prohibited Use Policy. Without limitation, you may not use the Service to generate content that sexualizes or exploits children, facilitates violent extremism, creates non-consensual intimate imagery, deceptively impersonates any person, or infringes the rights of others; you may not attempt to bypass, circumvent, or manipulate the AI providers’ safety filters or abuse protections; you may not misrepresent generated images as created solely by a human; and you may not use generated output to develop models that compete with our AI providers’ models.

We may suspend or terminate access immediately for violations of this section.

The Service depends on third-party services we do not control, including your e-commerce platform (such as Shopify), third-party AI image-generation providers (such as Google), and cloud hosting and storage providers. Your use of those services is governed by their own terms and policies. We are not responsible for the acts, omissions, outages, or output of third-party services, and the Service’s availability and functionality may be affected by them at any time. We may change AI or infrastructure providers at any time without notice.

The Service — including its software, design, branding, and content other than Your Content and generated images — is owned by the Operator and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own store while these Terms are in effect. No other rights are granted.

As between you and us, and subject to the underlying AI providers’ terms, you own the image variations generated for your products and may use them in connection with your store and its marketing. Your ownership does not extend to similar or identical output generated for other users, and we make no representation about the protectability, registrability, or non-infringement of AI-generated output.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

THE SERVICE AND ALL GENERATED IMAGES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT GENERATED IMAGES WILL BE ACCURATE, LAWFUL, NON-INFRINGING, OR SUITABLE FOR YOUR PRODUCTS, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY COMMERCIAL RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL THE OPERATOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE OPERATOR’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE FEES YOU PAID TO US FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (ii) FIFTY U.S. DOLLARS (US $50).

WITHOUT LIMITING THE FOREGOING, THE OPERATOR HAS NO LIABILITY FOR: THE CONTENT OF ANY AI-GENERATED IMAGE; YOUR PUBLICATION OF ANY IMAGE; CLAIMS THAT A GENERATED IMAGE OR ITS SOURCE IMAGE INFRINGES THIRD-PARTY RIGHTS; OR THE ACTS OR OMISSIONS OF YOUR E-COMMERCE PLATFORM OR ANY THIRD-PARTY PROVIDER. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You will defend, indemnify, and hold harmless the Operator and the Operator’s affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Content, including any claim that a source image or a variation generated from it infringes or misappropriates a third party’s rights or violates law; (b) your publication or use of any generated image; (c) your breach of these Terms, including the representations in sections 4 and 5; (d) your violation of any law or of the rights of a third party; or (e) your products and your store. We may assume, at your expense, the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense. You will not settle any claim in a manner that imposes any obligation or liability on us without our prior written consent.

These Terms apply from your first use of the Service until terminated. You may terminate at any time by uninstalling the app and ceasing use. Uninstalling the app revokes its access to your store, so any holiday images that are live at that moment remain on your storefront — stop your active boosts and verify your storefront before uninstalling. We may suspend or terminate your access at any time, with or without cause or notice, including for breach of these Terms, suspected unlawful use, non-payment, or risk to the Service or other users.

Where we terminate or suspend your access while the Service still has access to your store, we will make commercially reasonable efforts to restore your original featured images for live boosts, after which we may delete data associated with your store as described in our Privacy Policy. Sections that by their nature should survive termination ( including sections 4, 5, 7 (as to accrued fees), 10–13, 16, and 17) survive.

The Service evolves; we may add, change, or remove features at any time, and may impose or adjust usage limits. We may modify these Terms by posting an updated version on this page with a new “Last updated” date. Non-material changes take effect on posting. Material changes take effect on the later of thirty (30) days after we provide notice through the Service or by email and the start of your next billing cycle. If you do not agree to a change, your remedy is to stop using the Service before the change takes effect; continued use after that date constitutes acceptance.

These Terms are governed by the laws of the jurisdiction in which the Operator is established, without regard to conflict-of-laws rules, and the courts of that jurisdiction have exclusive jurisdiction over any dispute that is not subject to arbitration or small-claims procedures available there. Where permitted by law, you and the Operator each waive any right to participate in a class action or representative proceeding, and you may not bring any claim against the Operator more than one (1) year after the events giving rise to it. The Operator may bring claims relating to your indemnification obligations in any court adjudicating the underlying third-party claim, and may seek injunctive or interim relief in any court of competent jurisdiction.

Before filing any claim, you agree to first contact us at support@holidayboost.app and give us thirty (30) days to attempt to resolve the dispute informally.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service.
• Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in effect.
• No waiver. A failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• No third-party beneficiaries. These Terms create no rights in any third party.

Questions about these Terms: support@holidayboost.app.